statute of limitations
A statute of limitations is the legal deadline for starting a lawsuit, and once that window closes, a court will usually dismiss the case no matter how strong the facts may be.
The deadline depends on the kind of claim. In New York, many personal injury cases must be filed within three years under CPLR 214(5), while wrongful death claims generally have a two-year limit under EPTL 5-4.1. Some situations have shorter or more complicated rules. Claims against a city agency, the MTA, or other public bodies often require a notice of claim within 90 days, long before the full lawsuit deadline arrives. Missing that early step can sink a case before it gets moving.
For injured people, this deadline matters in very practical ways. Medical records, work records, photos, and witness memories do not organize themselves, and delays are common when someone is recovering, worried about immigration issues, or unsure whether reporting an injury will create trouble. But waiting can cost leverage or end the claim entirely.
In New York construction cases, an injured worker may have a strong claim under Labor Law § 240, the "scaffold law," which can impose strict liability in certain gravity-related accidents. Even then, the statute of limitations still applies. A valid claim is not enough by itself; it also has to be brought on time.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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